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HomeMy WebLinkAboutPDS-070-26 Public Meeting and Recommendation Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Special Council Date of Meeting: August 10, 2026 Report Number: PDS-070-26 Authored By: Hebah Masood, Planner II, Development Review Division Submitted By: Darryl Lyons, Deputy CAO, Planning and Infrastructure Reviewed By: Mary-Anne Dempster, CAO File Number: ZBA2026-0006 Resolution#: Report Subject: Zoning By-law Amendment application to facilitate the development of a new five-storey residential building containing 10 two-bedroom units in Bowmanville Purpose of Report: The purpose of this report is to provide information to the public and Council regarding the proposed Zoning By-law Amendment application and to recommend approval of the application, provided no significant land use planning concerns are identified through the Statutory Public Meeting. Should significant concerns be identified that require further review, it is recommended that Council refer the application back to staff for further consideration and reporting. Recommendations: 1. That Report PDS-070-26 and any related communication items, be received for information only; 2. That Staff receive and consider comments from the public and Council with respect to Zoning By-Law Amendment application; 3. That the Zoning By-Law Amendment application submitted by the applicant be supported and the By-law in Attachment 1 to this report be approved; 4. That all interested parties listed in Report PDS-070-26 and any delegations be advised of Council’s decision. Municipality of Clarington Page 2 Report PDS-070-26 Report Overview 1. Application Details Owner: Foundation Five Inc. (Anthony Camposeo) Applicant: D.G. Biddle and Associates Limited Proposal: Zoning By-law Amendment To amend the zoning on the subject lands from “Urban Residential Type One (R1) Zone” to “Holding - Urban Residential Exception ((H)R4-57) Zone” to implement zoning provisions appropriate to facilitate a new five-storey apartment building. The zone will be subject to applicable (H) Holding provisions. Area: 0.09 hectares (0.23 acres) Location: 22 Church Street, Bowmanville (see Figure 1) Municipality of Clarington Page 3 Report PDS-070-26 Figure 1: Proposed Concept Plan Municipality of Clarington Page 4 Report PDS-070-26 2. Background 2.1 A pre-consultation meeting with Municipality of Clarington Staff and agencies was held on April 10, 2025, with the owners, to discuss the proposed development at 22 Church Street in Bowmanville. The owners were advised that a Zoning By-Law Amendment would be required. 2.2 On February 11, 2026, the applicant submitted a Zoning By-law Amendment application to facilitate a four-storey apartment building with 10 parking spots and 2 visitor parking spots. 2.3 On July 24, 2026, the applicant revised the proposal to a five-storey, 10-unit apartment building with 11 parking spots and one accessible parking spot in response to internal and external agency comments. 2.4 The proposal is to re-zone the property from an “Urban Residential Type One (R1) Zone” to an exception zone within the R4 Zone. The proposed zoning would continue to allow for residential uses on the property but will seek to permit a low-rise apartment building. 2.5 This proposal will not subject to site plan control as the Province exempted new residential development with 10 or fewer units through Bill 23. 2.6 In order to address outstanding technical matters and provide an opportunity for detailed review of the revised proposal, staff are recommending that the lands be subject to a Holding (H) Symbol. The Holding (H) Symbol is intended to ensure that transportation, servicing, environmental and other technical matters are satisfactorily addressed prior to development proceeding and is not intended to replicate a site plan control process. 3. Land Characteristics and Surrounding Uses 3.1 The subject lands are located on the north side of Church Street, east of Liberty Street North. The lands are centrally located in the Urban Area of Bowmanville 3.2 The subject property has an approximate area of 0.09 hectares (.23 acres) and is surrounding by residential, school and commercial uses. Building heights are typically one and two storeys along Church Street. 3.3 The surrounding uses are as follows: North: Single detached dwellings East: Vincent Massey Public School (JK-Grade 8) South: Single detached dwelling and commercial buildings with frontage along King Street East. West: Single detached dwellings Municipality of Clarington Page 5 Report PDS-070-26 4. Provincial Policy Provincial Planning Statement (PPS 2024) 4.1 The PPS (2024) supports healthy, livable, and safe communities by accommodating an appropriate range and mix of housing types, including affordable housing and shall promote development patterns that efficiently use land and infrastructure. 4.2 The PPS (2024) places housing, at the forefront of planning decision making. It directs municipalities to facilitate residential intensification to support a full range of housing types and tenures. 4.3 The proposed development is consistent with the PPS (2024) as it introduces new housing units within a development pattern that represents an efficient use of land and infrastructure. 5. Official Plans Durham Regional Official Plan (Envision Durham) 5.1 The ‘Envision Durham’ Regional Official Plan was adopted by Durham Regional Council on May 17, 2023, and was approved in part with modifications by the province on September 3, 2024. The remaining parts of Envision Durham were approved on December 13, 2024. 5.2 The Envision Durham sets out long-term growth and development policies for the Region to the year 2051, providing policies to ensure a high quality of life for both current and future residents of the region. 5.3 As of January 1, 2025, Envision Durham became part of the Clarington Official Plan, due to Provincial legislative changes associated with Bill 185. 5.4 The subject site is designated “Community Areas” within the Regional Official Plan (Envision Durham). As per Section 5.4 of the Regional Official Plan, lands designated Community Areas permit the development of communities incorporating the widest possible variety of housing types, sizes, and tenure to provide living accommodations and address various socio-economic factors. 5.5 The proposed Zoning By-Law Amendment facilitates an increased number of units on the site and introduces a new housing type into the neighbourhood. 5.6 The proposal conforms with Envision Durham. Municipality of Clarington Official Plan (COP) 5.7 The COP seeks to create a place where each community can build on its individual character, share a common economic base and a distinct collective image. It also aims to create place for people to live, work and play in a safe, vibrant, healthy, and prosperous environment. Three key guiding principles of Clarington’s Official Plan include: sustainable development, healthy communities, and growth management. Municipality of Clarington Page 6 Report PDS-070-26 5.8 The subject site is designated “Urban Residential” within Clarington's Official Plan. As per section 9.3 of the Clarington Official Plan, the predominant use of lands designated Urban Residential shall be for housing purposes. 5.9 The proposed Zoning By-Law Amendment continues to permit residential uses on the subject lands. 5.10 The proposal conforms with the Clarington Official Plan. Bowmanville East Urban Centre Secondary Plan 5.11 The Bowmanville East Urban Centre Secondary Plan aims to create a vibrant, livable and sustainable community. Bowmanville East will embody a unique identity, one which celebrates and values its historic character while evolving and adapting to meet the needs of future generations. It will aim to maintain and build on the existing urban fabric, while accommodating opportunities for gradual growth and change. 5.12 Within the Bowmanville East Urban Centre Secondary Plan, the subject lands are designated “Medium Density Residential” within the Land Use map and are within the “Downtown Corridor” Character Area. 5.13 As per Section 3.4 of the secondary plan, the Medium Density Residential designation allows for predominantly residential uses within mid rise building forms to deliver a mix of housing types and tenures. Development within the Medium Density Residential designation shall achieve a minimum density of 65 units per net hectare. 5.14 As per Section 5.5 of the secondary plan, the Downtown Corridor will act as a mixed-use transition zone which cohesively links the East Business District and Historic Downtown. New development will include a mix of mid-rise and high-rise forms, with the built form implementing a transition between the mid-rise character of the Historic Downtown and the high-rise buildings of the East Business District. According to the urban design guidelines for the secondary plan, buildings must be a minimum of four storeys. 5.15 The proposal is for a five-storey residential building including 10, two-bedroom apartments. The proposed density is 109 units per hectare. 5.16 The proposal conforms to the Bowmanville East Urban Centre Secondary Plan. 6. Zoning By-Law 84-63 6.1 The proposed Zoning By-law Amendment will replace the current Urban Residential Type One (R1) Zone to an exception zone within the Urban Residential Type Four parent Zone within Zoning By-law 84-63. The proposed zoning seeks continue the residential use on the site and facilitate a building typology and standards appropriate to facilitate a five-storey apartment building. 6.2 The proposed zone will be subject to a Holding (H) provision. Municipality of Clarington Page 7 Report PDS-070-26 Holding Provision 6.3 Bill 23 received Royal Assent on November 28, 2022, and amended the Planning Act to exempt most residential developments containing 10 or fewer residential units from site plan control approval. As a result, the proposed development is not subject to site plan control. 6.4 Staff are satisfied that the proposed development is appropriate in principle for the subject lands and that the proposed Zoning By-law Amendment can be supported. However, the applicant submitted revised plans on July 24, 2026, including an increase in building height by one additional storey and reduced parking. At the time of writing this report, the revised submission has not been subject to a detailed technical review by all applicable departments and agencies. 6.5 In order to address outstanding technical matters and provide an opportunity for detailed review of the revised proposal, staff are recommending that the lands be subject to a Holding (H) Symbol. The Holding (H) Symbol is intended to ensure that transportation, servicing, environmental and other technical matters are satisfactorily addressed prior to development proceeding and is not intended to replicate a site plan control process. 6.6 The Holding (H) Symbol may be removed when the Municipality is satisfied that: a) Adequate municipal and transportation infrastructure, including access, parking and any associated road improvements required to support the proposed development, can be provided to the satisfaction of the Municipality; b) Appropriate measures have been established to accommodate municipal waste collection and related operational requirements associated with the proposed development; c) Adequate municipal servicing, drainage and stormwater management facilities can be provided to support the proposed development in accordance with municipal standards; d) Any geotechnical, hydrogeological, environmental, contamination, soil or other site- specific constraints have been evaluated and any required mitigation measures have been identified and addressed to the satisfaction of the Municipality; e) All required financial obligations, including any applicable parkland dedication or cash-in- lieu requirements, have been satisfied and any required agreements have been executed; and f) Any technical studies, reports, plans or supporting information required to demonstrate conformity with the policies of the Official Plan and to address the matters identified above have been submitted to the satisfaction of the Municipality. 6.7 Based on the information submitted to date, staff are of the opinion that the applicant will be able to satisfactorily address the requirements associated with the Holding (H) Symbol through future submissions and technical review. 6.8 The removal of the Holding (H) Symbol has been delegated and, therefore, once all requirements have been satisfactorily addressed, a future Council decision will not be required to facilitate the lifting of the Hold. 6.9 The proposed draft Zoning By-law Amendment is included as Attachment 1. Municipality of Clarington Page 8 Report PDS-070-26 7. Summary of Background Studies Below provides a summary of findings from the background reports. Planning Justification Report (D.G. Biddle and Associates Limited, February 2026) 7.1 The Planning Justification Report submitted in support of the proposal concludes that the Zoning By-law Amendment application represent good planning, is in the public interest and conforms with the policies and land use designations of the Provincial Planning Statement, Envision Durham, and the Clarington Official Plan. Functional Servicing and Stormwater Management Report 7.2 The Functional Servicing and Stormwater Management Report identifies several requirements for the proposed site servicing and stormwater management to meet the Municipality of Clarington and Region of Durham and Central Lakes of Ontario Conservation Authority’s standards. Geotechnical Investigation (Cambium Incorporated, February 2026) 7.3 The purpose of the Geotechnical Investigation was to obtain information about the subsurface conditions and provide geotechnical recommendations for the proposed development. The investigation involved the drilling of five boreholes and the collection and testing of soil samples across the subject site. 7.4 The study concluded that the site is generally flat and underlain by topsoil, silty sand fill, clayey silt, and glacial till, with groundwater observed at depths of 2.1–2.4 m below grade. Key recommendations include removing unsuitable materials, using engineered fill for structural support, and ensuring proper compaction and drainage. Foundations may be conventional strip/spread footings or raft foundations, designed for bearing capacities of 150 kPa (SLS) and 225 kPa (ULS). Additional guidance covers excavation safety, dewatering, frost protection, seismic classification (Site Class D), pavement design, and subdrainage systems. Hydrogeological Assessment (Cambium Incorporated, February 2026) 7.5 The Hydrogeological Assessment was required to characterize local hydrogeological conditions for reference at the conceptual stage of development. Included in this report is a review of existing documentation, hydraulic testing of monitoring wells, estimation of field saturated hydraulic conductivity, a water balance assessment, dewatering estimates for construction and potential operational dewatering and source water protection policy review. 7.6 The Hydrogeological Assessment notes that the site is not within any groundwater or surface water protection areas. Cambium Incorporated recommends using best management practices to avoid overland flow of any contaminants to the natural environment in surrounding areas. Municipality of Clarington Page 9 Report PDS-070-26 Traffic Impact Brief and Parking Justification (NexTrans Consulting Engineers, February 2026) 7.7 A Traffic Impact Brief and Parking Justification was submitted in support of the proposal. It concludes that the proposed new building will have negligible impact on the road network and that the proposed number of parking spaces is sufficient to accommodate the apartment building. 8. Public Notice and Submissions 8.1 Public Meeting Notices were mailed to 38 landowners within 120 metres of the subject lands on July 23, 2026. Public Notice was also sent to relevant public agencies and members of Clarington Council. Public meeting signs were installed on the subject lands. Details of the proposed application were also posted on the Municipality’s website (www.clarington.net/22ChurchSt), and in the Clarington Connected e-newsletter. 8.2 At the time of writing this Staff report have not received any comments from the public. 9. Departmental and Agency Comments 9.1 Various agencies and internal departments were circulated for comments on the applications. Attachment 3 to this report is a chart which provides the list of circulated parties. 10. Discussion Site and Building Design 10.1 The subject property is within the Bowmanville East Urban Centre Medium Density and Downtown Corridor area. The secondary plan has specific urban design guidelines for these designations to ensure any development proposals are in line with the character of the area. In particular, the urban design guidelines for the Downtown Corridor ensure seamless transition from the Historic Downtown to the East Commercial District. 10.2 The majority of the building heights in the neighbourhood are one and two storeys. The minimum building height for this site is four storeys, as per the Secondary Plan policies. While the proposed five storeys are taller than typical building heights in the area, it is in line with the intent of the secondary plan to bridge the transition from the Historic Downtown to the East Commercial District, especially as development proposals along King Street East are expected to include mid-rise and high-rise buildings. 10.3 Due to the site bordering a school and single detached dwelling lots, provisions regarding landscaping and/or fencing have been introduced into the zone to maintain privacy on neighbouring lots. Amenity Space 10.4 Due to the number of proposed units, the subject property is not subject to any amenity requirements. Private amenity space is included in all units with a proposed balcony. Municipality of Clarington Page 10 Report PDS-070-26 Parking 10.5 The required parking rate for apartment buildings is 1.25 per unit. A Traffic Impact Brief and Parking Justification was prepared by NexTrans to support a reduced parking rate of 1 per unit for residents and 0.2 per unit for visitors as per the original submission as per the original submission. However the proposal has been revised to include 11 parking spaces including 1 accessible parking space. At the time of writing this report, the revised submission has not been subject to a detailed technical review by all applicable departments and agencies. 10.6 Staff are satisfied that the proposed parking is appropriate in principle for the subject lands and that the proposed Zoning By-law Amendment which includes provisions for 11 parking spaces including one accessible parking space can be supported. 10.7 However, staff have requested an updated Parking Justification with proxy sites to further justify the reduced parking rates. The updated Parking Justification will ensure adequate municipal and transportation infrastructure, including access, parking and any associated road improvements required to support the proposed development, can be provided to the satisfaction of the Municipality, as per the Holding Provision. Loading Spaces 10.8 As per Section 3.12c of Zoning By-Law 84-63, one loading space is required for apartment buildings with 90 or fewer units. The proposal does not include a loading space. Staff are satisfied that the proposal is appropriate in principle for the subject lands and that the proposed Zoning By-law Amendment which removes the need for a loading space can be supported. 10.9 However, staff have requested an updated Parking Justification with proxy sites to further justify not including a loading space on the site. The updated Parking Justification will ensure adequate municipal and transportation infrastructure, including access, parking and any associated road improvements required to support the proposed development, can be provided to the satisfaction of the Municipality, as per the Holding Provision. 10.10 Waste Management 10.11 The applicants have been in contact with the Region of Durham regarding curbside collection. Staff will require the owners provide an updated Waste Management Plan, which confirms they are pursuing public waste collection as part of the Holding Provision. Landscaped Open Space 10.12 The application originally provided 27 percent landscaped open space. Due to the revised parking plan, this has been reduced to 19 percent. Permission for this has been written into the proposed By-Law. As part of the Holding Provision a revised Functional Servicing and Stormwater Management Report including servicing and grading plan will be required to ensure the amount of proposed landscaped open space is adequate to support municipal servicing, drainage and stormwater management facilities on the site in accordance with municipal standards. Municipality of Clarington Page 11 Report PDS-070-26 11. Financial Considerations 11.1 Not Applicable 12. Strategic Plan 12.1 The proposed development has been reviewed against the pillars of the Clarington Strategic Plan 2024-27. Clarington’s Strategic Plan identifies “Connect” as a core strategic pillar, with specific direction to support diverse housing options to meet the needs of the community. The proposed Zoning By-law Amendment advances this objective by permitting a five-storey apartment building containing 10, two-bedroom units allowing for a diversity of housing options. The proposed is also an important step in permitting new units and working towards the Municipality’s goal of 13,000 new housing units by 2031. 13. Climate Change 13.1 The Bowmanville East Urban Centre Secondary Plan includes policies related to climate change and sustainability within Sections 4.3.3 and 4.4.11. The policies within the Secondary Plan related to natural heritage preservation are reflected in the proposal’s Landscape Plan. The policies within the Secondary Plan related to electric vehicle charging and parking are reflected in the site being pre-serviced to allow for electric vehicle charging in the future. 14. Concurrence 14.1 Not Applicable 15. Conclusion 15.1 Based on the review of the detailed plans and supporting studies, and having regard for agency, staff and public comments received to date, it is respectfully recommended that Council approve the Zoning By-law Amendment contained in Attachment 1, provided no significant planning concerns are raised at the Statutory Public Meeting. 15.2 Should significant planning concerns be raised at the Statutory Public Meeting that warrant further review, it is recommended that Council refer the application back to staff for further consideration and reporting. Staff Contact: Hebah Masood, Planner II, hmasood@clarington.net Attachments: Attachment 1 – Proposed Draft Zoning By-law Amendment Attachment 2 – Draft Site Plan Attachment 3 – Department and Agency Comments Interested Parties: A list of Interested Parties is available from the Planning Department. Attachment 1 to Report PDS-070-26 The Corporation of the Municipality of Clarington By-law Number 2026-XX Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington. Whereas the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of Clarington for ZBA-2026-0006 Now therefore the Council of the Municipality of Clarington enacts as follows: 1. Section 15.4 “Special Exceptions – Urban Residential Type Four (R4) Zone” is hereby amended by adding thereto, the following new Special Exception Zone 15.4.57 as follows: 15.4.57 Urban Residential Exception (R4-57) Zone Notwithstanding Sections 3.12 c, 3.16 a.,15.2 a., 15.2 c. i), 15.2 c. ii), 15.2 f., those lands zoned R4-57 shall be subject to the following zone provisions: a. Building Height 15 metres b. Front Yard Setback (minimum) 1.0 metre c. Interior Side Yard Setback (minimum) 2.0 metres d. Landscaped Open Space (minimum) 19 percent e. Density (maximum) 110 units per hectare f. Driveway Width 5.8 metres g. Parking 11 parking spaces including one accessible parking space h. Bicycle Parking 0.5 spaces per unit i. Private Amenity Space, such as a balcony, shall be included in each above-ground unit. j. Required Loading Spaces 0 spaces k. Screening: a planting strip adjoining abutting lot lines, shall be provided within the lot with a minimum width of 1.5 metres. Alternatively, and in lieu of such planting strip, a privacy fence may be provided. Such fence to provide a solid barrier not less than 1.8 metres and not more than 2.4 metres in height. l. The The Holding (H) Symbol may be removed when the Municipality is satisfied that: a) Adequate municipal and transportation infrastructure, including access, parking and any associated road improvements required to support the proposed development, can be provided to the satisfaction of the Municipality; b) Appropriate measures have been established to accommodate municipal waste collection and related operational requirements associated with the proposed development; c) Adequate municipal servicing, drainage and stormwater management facilities can be provided to support the proposed development in accordance with municipal standards; d) Any geotechnical, hydrogeological, environmental, contamination, soil or other site-specific constraints have been evaluated and any required mitigation measures have been identified and addressed to the satisfaction of the Municipality; e) All required financial obligations, including any applicable parkland dedication or cash-in-lieu requirements, have been satisfied and any required agreements have been executed; and f) Any technical studies, reports, plans or supporting information required to demonstrate conformity with the policies of the Official Plan and to address the matters identified above have been submitted to the satisfaction of the Municipality. 2. Schedule ‘5’ to By-law 84-63, as amended, is hereby further amended by changing the zone from "Urban Residential Type One (R1) Zone" to "Holding Urban Residential Exception ((H)R4-57) Zone" as illustrated on the attached Schedule ‘A’ hereto. as illustrated on the attached Schedule ‘A’ hereto. 3. Schedule ‘A’ attached hereto shall form part of this By-law. 4. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 and Section 36 of the Planning Act. By-Law passed in open session this ___ day of August, 2026 __________________________ Adrian Foster, Mayor _________________________ June Gallagher, Municipal Clerk 481 Taunton Rd W, Oshawa ON150 King St, Peterborough ON Phone: 905-576-8500 info@dgbiddle.comdgbiddle.com KEY PLAN (NTS) KING STREE T E A S T SUBJECT LANDS CHURCH ST R E E T LIB E R T Y S T R E E T ( R E G R D . 1 4 ) BRO W N S T R E E T WELLINGTO N S T R E E T Attachment 2 to Report PDS-070-26 Attachment 3 to Report PDS-070-26 Attachment 3 – Agency and Department Comments The following agencies and internal departments were circulated on March 9, 2026 for comments on the Zoning By-law Amendment Application. Comments were due March 31, 2026 for the first submission. Below is a chart showing the list of circulated parties and whether or not we have received comments to date. Department/Agency Comments Received Summary of Comments Clarington Building Division ☒No objection. Building Permit and Site Servicing permit will be required. Clarington Community Planning Division ☒ Clarington Development Engineering Division ☒No objection to the ZBA. However, as detailed design becomes available, additional studies and revisions to drawings are required (as listed in Section 10.8 of the report). Clarington Fire and Emergency Services Division ☒No objection. Durham Region ☒No objection. Revised Site Servicing Plan Required (as noted in Section 10.8 of the report). Waste Management Plan provided. Elexicon Energy ☒No objection. Application to connect is required. Enbridge Gas ☒No objection. Canada Post ☒No objection. Mailroom specifications provided. Peterborough Northumberland Victoria Clarington Catholic District School Board ☒No comments provided. French Public Board: Conseil Scolaire Viamonde ☒No comments provided. French Catholic Board: Conseil Scolaire ☒ No comments provided. Kawartha Pine Ridge District School Board School Board ☒ No comments provided. Rogers ☒ No objection. Bell Canada ☒ No objection.